Cap. 9 Art. 355ATSubject matter of this Sub-title.

(1) This Sub-title transposes the provisions of Directive

2013/48/EU of the European Parliament and of the Council of 22

October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty, published in the Official Journal of the European Union on 6 November 2013 (L 294/1) and the provisions of Directive 2016/1919/EU of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings.

(2) This Sub-title lays down minimum rules concerning the rights of:

(a) the suspect (hereinafter in this Sub-title referred to as "the suspect"), that is, a person who is detained or arrested by the Executive Police or any other law enforcement or judicial authority where such person has not been charged before a court of justice of criminal jurisdiction and who is being questioned by the Executive Police or any other authority as aforesaid in relation to any criminal offence;

(b) a person charged or accused of having committed a criminal offence (hereinafter referred to in this Sub-title as "the accused person");

(c) a person subject to proceedings pursuant to Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) published in the Official Journal on 18 July 2002 (L 190/1), hereinafter referred to as "the European arrest warrant proceedings".

(3) The persons mentioned in sub-article (2) shall enjoy the following rights:

(a) to have access to a lawyer;

(b) to have a third party informed of the deprivation of their liberty; and

(c) to communicate with third persons and with consular authorities whilst deprived of their liberty.

(4) For the purpose of this Sub-title, the expression "lawyer" means an advocate or a legal procurator who is authorised by law to exercise that respective profession in terms of law.

(5) For the purpose of this Sub-title, the expression "legal aid" means funding by the Minister, of the assistance of a lawyer, enabling the exercise of the right of access to a lawyer.